As an active licensed Broker-Salesperson in the state of Missouri I am a member of the National Association of REALTORS®, Missouri Association of REALTORS® and the St. Louis Association of REALTORS®. As a result I get lots of email from each of these organizations. It should be noted the real estate profession is one of the most organized and well funded lobbying groups. And seldom do I agree with the position they take on issues.
Here is an email I received from the St. Louis Association:
CALL TO ACTION!
This is an important issue that affects the property rights and civil rights of landlords and tenants.
The City of Ferguson recently passed bill 6731 which, in addition to other things, with regard to rental property requires:
· Property owner to obtain a license to rent property.
· Owner to run police check on themselves and submit this with the application.
· Some owners hire an ASHI inspector to inspect the property and certify that it is in compliance with all of the City of Ferguson’s codes
· Owner to hire a property manager that resides within 25 miles of your rental property and furnish the name and all contact info to the city.
· Owner to sign an affidavit affirming that none of their tenants are registered sex offenders in any of the 50 states nor SHOULD they be! First off, this is next to impossible to determine, second this puts an incredible amount of liability on the property owner. It should be noted by the way, while the city does not require any such affidavit if you are an owner occupant.
Even if you don’t own property in Ferguson or have clients that do, please still take the time to respond to this. While this is the worst example we have seen thus far of a municipality violating peoples rights we have been seeing more and more similar ordinances from other municipalities so if we don’t stop it now it may be just a short time
before laws like this spread.
The St. Louis Association of Realtors has authorized the funding for a lawsuit to fight this law. We need your help though, please email or call the City Manager for the City of Ferguson and tell him you think this ordinance should be repealed immediately. His phone number and link to email is below as well as a sample email message you can paste into your email.
If you would like to view the entire ordinance click on this link:
http://www.fergusoncity.com/pdf/Bill6731.pdf
City Manager, Arthur Krieger Akrieger@FergusonCity.com or phone (314) 521-7721.
Sample message:
Dear City Manager Krieger:
I am one of the 10,000+ members of the St. Louis Association of
REALTORS® and as a champion of private property rights I take great
exception to bill 6731 which was recently passed by your council. I
feel this, among other things, violates the property rights as well as
civil rights of landlords and tenants and would urge you to repeal this
piece of legislation.
Our association does believe in and support property maintenance and
occupancy codes & permits (both of which your city already has on the
books) provided these laws are applied to all property, not just tenant
occupied property and provided the occupancy permits are only upon
change in occupancy. Bill 6731 singles out a class of property owner
and class or occupant and applies laws to them different then
owner-occupied property and this is what we object to.
So I read through the entire bill and it seems balanced to me. Many of the requirements come into play only if the property owner has properties with violations or nuisance complaints. Absentee landlords are a problem in many areas and it seems like Ferguson is serious about the problem. Too many people see those late night infomercials about getting rich in real estate, buy a property all the way across town and then wonder why they have issues.
I think Ferguson’s actions send a clear message — if you are going to be in the business of owning rental property you need a business license and you need to conduct yourself in the best manner. If you are in the business of renting properties, their ordinance suggests, it is also wise to know the sex offender law to make sure you don’t end up renting to someone you should not. Again, a good business practice.
And owning rental property is a business. Why should these business owners not be subjected to standards that others business owners must?
The rights of the owner-occupant are being protected here, in my view. Because it is often the local homeowners that must deal with problem rental properties.
– Steve